Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004 (Text with relevance for the EEA and Switzerland)
Date: 2016-12-13
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU Member State, care allowance, family benefit, non-working population, social security legislation, social-security harmonisation, unemployment insurance

EN 

   EN 

   EUROPEAN COMMISSION  Strasbourg, 13.12.2016  COM(2016) 815 final/2 ANNEX 1   CORRIGENDUM This document corrects the annex to  COM(2016) 815 final of 13.12.2016 Concerns only the DE, EN and FR language versions In paragraph 6(f)(iii) the reference should read "Chapter 8 of the Lag (1962:381)" instead of "Chapter 8 of the Lag (1996:381)"  ANNEX  Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 883/2004 on the coordination of social security systems and regulation (EC) No 987/2009 laying down the procedure for implementing Regulation (EC) No 883/2004  (Text with relevance for the EEA and Switzerland) {SWD(2016) 460 final} {SWD(2016) 461 final}  
 
 
1. 

Annex I is amended as follows: 

(a) Part I is amended as follows: 

i. 

the section “SLOVAKIA” is replaced by the following: 

“SLOVAKIA 

The substitute child maintenance benefit (payment of child maintenance) under 
the Act No. 452/2004 Coll. of substitute child maintenance benefit as amended 
and  supplemented  in  the  Family  Act  No.  36/2005  Coll.  as  amended  and 
supplemented by later regulations”; 

ii. 

The section “SWEDEN” is replaced by the following: 

“SWEDEN 

Maintenance support (Chapters 17-19 of the Social Insurance Code)”. 

(b)  Part II is amended as follows: 

i. 

ii. 

iii. 

the section “HUNGARY” is deleted; 

the section “ROMANIA” is deleted; 

a new section is added after the section "FINLAND" with the following 
content: 

"SWEDEN  

2. 

3. 

Adoption allowance (Chapter 21 of the Social Insurance Code (2001:110))" 

In Annex II, the section "SPAIN-PORTUGAL" is deleted. 

In  Annex  III,  the  sections  "ESTONIA",  "SPAIN",  "CROATIA",  "ITALY", 
"LITHUANIA", "HUNGARY", "NETHERLANDS", "FINLAND" and "SWEDEN" 
are deleted. 

4. 

Annex IV is amended as follows: 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

(g) 

(h) 

the section “ESTONIA” is inserted after “GERMANY"; 

the section “LITHUANIA” is inserted after "CYPRUS”; 

the section “MALTA” is inserted after “HUNGARY”; 

the section "PORTUGAL" is inserted after "POLAND"; 

the section "ROMANIA" is inserted after "PORTUGAL"; 

the section “SLOVAKIA” is inserted after “SLOVENIA” 

the section "FINLAND" is inserted after "SLOVAKIA"; 

the section "UNITED KINGDOM" is inserted after "SWEDEN". 

5. 

Annex X is amended as follows: 

(a) the section "CZECH REPUBLIC" is deleted;  

(b) in the section “GERMANY”, paragraph (b) is replaced by the following: 

“(b)  Benefits  to  cover  subsistence  costs  under  the  basic  provision  for  jobseekers in 
accordance with Book II of the Social Code)."; 

(c) in the section "ESTONIA":  

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i. 

ii. 

paragraph (a) is deleted; 

in paragraph (b), "." is replaced by ";" and a new paragraph is added: 

“(c) Funeral Benefit (State Funeral Benefits Act of 08 November 2000).";  

(d) in the section “HUNGARY”, in paragraph (b) ";" is replaced by "." and paragraph 
(c) is deleted;  

(e) the following section "ROMANIA" is inserted after the section "PORTGUAL": 

"ROMANIA 

Social  allowance  for  pensioners  (Government  Emergency  Ordinance  No.  6/2009 
establishing minimum guaranteed social pension, endorsed by Law No. 196/2009)."; 

(f) the section "SLOVENIA" is deleted; 

(g) the section “SWEDEN” is replaced by: 

"SWEDEN 

(a)  Housing  supplements  for  persons  receiving  a  pension  (Chapters  99-103  of  the 
Social Insurance Code); 

(b) Maintenance support for the elderly (Chapter 74 of the Social Insurance Code).”; 

(h) in the section "UNITED KINGDOM", "." at the end of paragraph (e) is replaced 

by ";" and the following paragraph is added: 

"(f)  Personal  Independence  Payment  mobility  component  (in  Great  Britain 
legislation,  Part  4  of  The  Welfare  Reform  Act  2012  and  in  Northern  Ireland 
Legislation, Part 5 of the Welfare Reform (Northern Ireland) Order 2015 (S.I. 
2015/2006 (N.I. 1)).".   

6. 

Annex XI is amended as follows: 

(a) 

 In  the  section  "CZECH  REPUBLIC",  the  current  paragraph  is  numbered 
paragraph  "1."  and  a  new  paragraph  is  added  after  it  with  the  following 
content: 

"2.  Notwithstanding  Article  5  and  6  of  this  Regulation,  for  the  purposes  of 
granting  the  supplementary  benefit  in  respect  of  insurance  periods  completed 
under the legislation of the former Czech and Slovak Federal Republic, solely 
the insurance periods completed under the Czech legislation can be taken into 
account  in  order  to  meet  the  condition  of  at  least  one  year  of  Czech  pension 
insurance  within  the  defined  period  after  the  date  of  dissolution  of  the 
federation (§ 106a, paragraph 1, letter b) of Act No. 155/1995 Col., on pension 
insurance).";      

(b) 

In the section "GERMANY", paragraph 3 is replaced by the following:  

For  the  purpose  of  granting  cash  benefits  under  §47(1)  of  SGB  V, 
"3. 
§47(1) of SGB VII and § 24i of SGB V to insured persons who live in another 
Member State, German insurance schemes calculate net pay, which is used to 
assess  benefits,  as  if  the  insured  person  lived  in  Germany,  unless  the  insured 
person  requests  an  assessment  on  the  basis  of  the  net  pay  which  he  actually 

3 

 
 
 
 
receives. For  the purpose of granting parental leave benefit under the Federal 
Parental  Allowance  and  Parental  Leave  Act  (BEEG)  to  persons  living  in 
another  Member  State,  the  competent  institution  for  German  parental  leave 
benefit shall calculate the average monthly earned income under §§2c to 2f of 
the Act, which is used to assess benefits, as if the person lived in Germany. In 
doing so, if tax bracket IV is applicable under the second sentence of §2e(3) of 
BEEG  because  the  beneficiary  was  not  classified  in  any  German  tax  bracket 
during the assessment period, he may request that the parental leave benefit be 
assessed  on  the  basis  of  his  actual  net  income  taxed  in  the  Member  State  of 
residence."; 

(c) 

In the section "ESTONIA", the current paragraph is numbered paragraph 1 and 
a new paragraph (2) is inserted: 

"2.  For  the  purpose  of  calculating  pro  rata  work  ability  allowance  in 
accordance  with  Article  52(1)(b)  of  this  Regulation,  the  periods  of  residence 
completed  in  Estonia  will  be  taken  into  account  starting  from  the  age  of  16 
until the contingency occurred.”; 

(d) 

In  the  section  "NETHERLANDS",  the  following  paragraph  is  inserted  after 
paragraph 1(f):  

"(fa).   Any person as referred to in Article 69(1) of the Zorgverzekeringswet 
(Health Care Insurance Act) who, on the last day of the month preceding that 
in  which  he/she  reaches  the  age  of  65,  is  receiving  a  pension  or  a  benefit 
treated,  on  the  basis  of  point  (f)  of  this  section,  as  a  pension  payable  under 
Dutch legislation, shall be regarded as a pension claimant for the purposes of 
Article 22 of this Regulation until he/she reaches the pension age referred to in 
Article 7a of the Algemene Ouderdomswet (General Old Age Pensions Act)."; 

(e)  The following section "SLOVAKIA" is inserted after the section "AUSTRIA": 

"SLOVAKIA 

Notwithstanding  Article  5  and  6  of  this  Regulation,  for  the  purposes  of 
granting  the  supplementary  benefit  in  respect  of  insurance  periods  completed 
under the legislation of the former Czech and Slovak Federal Republic, solely 
the insurance periods completed under the Slovak legislation can be taken into 
account  in  order  to  meet the condition of  at least  one year of Slovak  pension 
insurance  within  the  defined  period  after  the  date  of  dissolution  of  the 
federation (§ 69b, paragraph  1, letter  b) of  Act  No. 461/2003  Col., on Social 
Insurance).";   

(f) 

In the section "SWEDEN": 

i. 

ii. 

paragraphs 1 and 2 are deleted; 

in paragraph 3, "(Act 2000:798)" is replaced by:  

"(Chapter  6  of  the  Act  on  the  Implementation  of  the  Social  Insurance  Code 
concerning Chapters 53–74)"; 

iii. 

in paragraph 4: 

– 

in  the  heading,  the  reference  to  "Chapter  8  of  the  Lag  (1962:381)  om 
allmän forsäkring (the National Insurance Act)" is replaced by "Chapter 
34 of the Social Insurance Code"; 

4 

 
 
– 

in paragraph (b), the reference to "Chapter 8, paragraphs 2 and 8 of the 
abovementioned  Act",  is  replaced  by  "Chapter  34,  Sections  3,  10  and 
11  of  the  above-mentioned  Act"  and  the  reference  to  "the  Act  on 
income-based old-age pension (1998:674)" is replaced by "Chapter 59 
of the Social Insurance Code"; 

iv. 

in  paragraph  5  (a),  the  reference  to  "(Act  2000:461)"  is  replaced  by 
"(Chapter 82 of the Social Insurance Code)". 

(g) 

 In the section "UNITED KINGDOM": 

i. 

paragraphs 1 and 2 are replaced by the following: 

"1.  Where,  in  accordance  with  United  Kingdom  legislation,  a  person  who 
reached  pensionable  age  before  6  April  2016  may  be  entitled  to  a  retirement 
pension if:  

(a) the contributions of a former spouse or civil partner are taken into account 
as if they were that person’s own contributions; or 

(b)  the  relevant  contribution  conditions  are  satisfied  by  that  person’s  spouse, 
civil partner, former spouse or former civil partner, then provided, in each case, 
that the spouse or civil partner or former spouse or civil partner is or had been 
exercising an activity as an employed or self- employed person, and had been 
subject  to  the  legislation  of  two  or  more  Member  States,  the  provisions  of 
Chapter  5  of  Title  III  of  this  Regulation  shall  apply  in  order  to  determine 
entitlement  under  United  Kingdom  legislation.  In  this  case,  references  in  the 
said  Chapter  5  to  ‘periods  of  insurance’  shall  be  construed  as  references  to 
periods of insurance completed by: 

(i) a spouse, civil partner, former spouse or former civil partner where a claim 
is made by: 

– 

– 

 a married person or civil partner, or 

 a person whose marriage or civil partnership has terminated otherwise 
than by the death of the spouse or civil partner; or 

(ii) a former spouse or civil partner, where a claim is made by: 

– 

– 

a widow, widower or civil partner who immediately before pensionable 
age was not entitled to widowed parent’s allowance, or 

a  widow  whose  husband  died  before  9  April  2001  who  immediately 
before  pensionable  age  was  not  entitled  to  widowed  mother’s 
allowance, widowed parent’s allowance or widow’s pension, or who is 
only entitled to an age-related widow’s pension calculated pursuant to 
Article  52(1)(b)  of  this  Regulation,  and  for  this  purpose  ‘age-related 
widow's pension’ means a widow’s pension payable at a reduced rate in 
accordance with section 39(4) of the Social Security Contributions and 
Benefits Act 1992. 

This point does not apply to persons who reach pensionable age on or after 6 
April 2016.  

2.  
For  the  purposes  of  applying  Article  6  of  this  Regulation  to  the 
provisions  governing  entitlement  to  attendance  allowance,  carer’s  allowance, 

5 

 
 
and  disability  living  allowance  and  personal  independence  payment,  a  period 
of  employment,  self-employment  or  residence  completed  in  the  territory  of  a 
Member State other than the United Kingdom shall be taken into account in so 
far as is necessary to satisfy conditions as to required periods of presence in the 
United  Kingdom,  prior  to  the  day  on  which  entitlement  to  the  benefit  in 
question first arises." 

ii. 

paragraph 4 is replaced by:  

"4.  Where  Article  46  of  this  Regulation  applies,  if  the  person  concerned  suffers 
incapacity  for  work  leading  to  invalidity  while  subject  to  the  legislation  of  another 
Member State, the United Kingdom shall, for the purposes of Section 30A (5) of the 
Social Security Contributions and Benefits Act 1992, Part 1 of the Welfare Reform 
Act  2007  or  the  corresponding  Northern  Ireland  provisions,  take  account  of  any 
periods during which the person concerned has received, in respect of that incapacity 
for work: 

(i) 

cash sickness benefits or wages or salary in lieu thereof, or 

(ii)  benefits within the meaning of Chapters 4 and 5 of Title III of this Regulation 
granted  in  respect  of  the  invalidity  which  followed  that  incapacity  for  work,  under 
the legislation of the other Member State,  

as though they were periods of, as appropriate, short-term incapacity benefit paid in 
accordance  with  Sections  30A  (1)-(4)  of  the  Social  Security  Contributions  and 
Benefits Act 1992, Employment and Support Allowance (Assessment phase) paid in 
accordance with Part 1 of the Welfare Reform Act 2007 or corresponding Northern 
Ireland provisions. 

In  applying this provision, account  shall only be taken of  periods during which the 
person  would  have  been  incapable  of  work  within  the  meaning  of  the  United 
Kingdom legislation.". 

7. 

After Annex XI, the following Annexes are inserted: 

"ANNEX XII 

LONG-TERM CARE BENEFITS IN CASH PROVIDED IN DEROGATION 

FROM ARTICLE 35A(1) OF CHAPTER 1A 

(Article 35a(3))"; 

"ANNEX XIII 

FAMILY BENEFITS IN CASH INTENDED TO REPLACE INCOME 

DURING CHILD-RAISING PERIODS 

(Article 68b)". 

Part I Family benefits in cash which are intended to replace income during 

periods of child-raising 

(Article 68b(1)) 

Part II Member States which award family benefits referred in Article 65b(1) in 

full 

(Article 68b(2))." 

6